COLLECTIVE AGREEMENT

BETWEEN

PORTAGE COLLEGE BOARD OF GOVERNORS

AND

PORTAGE COLLEGE FACULTY ASSOCIATION

Dated Ibis 27 day of July, 2015

Preamble

This Agreement made this 271h day of ..lY!y, 2015 A.O.

BETWEEN:

Portage College BOARD OF GOVERNORS

(hereinafter called the "Employer")

OF THE FIRST PART

and

Portage College FACULTY ASSOCIATION

on behalf of all Employees covered by the agreement (hcrcinofler called the "Association")

OF THE SECOND PART

WHEREAS the Board of Governors is an Employer as specified in the Post Secondary Leaming Act, Chapter C-19.5, RSA 2000 and administers Portage College.

AND WHEREAS pursuant to the provisions of the Act; the Association has the right to negotiate on behalf of the Employer's Employees as specified in Article 2, Clause 2.2 of this Agreement,

AND WHEREAS the parties are mutually desirous of entering into a Collective between the said Employees and the Portage College Board of Governors and to set forth in this Collective Agreement the teITT1s and conditions of employment for each Employee of the Employer, and provide a procedure for the consideration and settlement of differences,

NOW THEREFORE, the parties hereto mutually agree as follows:

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Table of Contents Page

1. Definitions I. I Employer .............................................................................................................................. 1 1.2 Co1Jege ................................................................................................................................. l 1.3 Association ........................................................................................................................... I 1.4 President.. ............................................................................................................................. 1 1.5 Act (Post Secondary Learning) ........................................................................................... 1 1.6 Employee ............................................................................................................................. 1 I. 7 Employee Status ................................................................................................................... I 1.8 College Guidelines ............................................................................................................... 2 I .9 \Vorkday ............................................................................................................................... 2 I.to Gender .................................................................................................................................. 2 I. I I Use of Singular and Plurals .................................................................................................. 2 I .12 Consultation and Consult ..................................................................................................... 2 1.13 Year ...................................................................................................................................... 2 I .14 Salary .................................................................................................................................... 2

2. Management and Faculty Association Recognition 2.1 Management Rights ............................................................................................................. 3 2.2 Faculty Association Rights .................................................................................................. 3 2.3 Time Off for Faculty Association Business ......................................................................... 3 2.4 Joint Consultation Committee .............................................................................................. 4

3. Terms of Employment 3.1 Application .......................................................................................................................... .4 3 .2 Probationary Status .............................................................................................................. 5 3 .3 Discipline/Suspension/Dismissal ......................................................................................... 5 3.4 Resignation, Re-Assignment, and Redundancy ................................................................... 6 3 .5 Acting Incumbency .............................................................................................................. 8 3.6 Travel and Subsistence ........................................................................................................ 9 3.7 Travel Time .......................................................................................................................... 9

4. Workload 4.1 Instructors ............................................................................................................................ 9 4.2 Non Inslruclional Faculty .................................................................................................. 12 4.3 Workload Review .............................................................................................................. 12

5. Performance Appraisals .............................................................................................................. 13

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6. Vacation and Holiday Leovc 6.1 Holiday Leave ................................................................................................................... . 13 6.2 \Vinter Break/Spring Break ....... ..... ......................... ........... .. .............................................. 14 6.3 Annual Vacation Leave ............................................................................................... ....... IS

7. Leaves 7. I Casual Illness ................................................... .................................................................. 16 7.2 General lllness ................................................................................................................... 17 7.3 Proof ofillness ............................................................................ ............................. .. ....... . 18 7.4 Special Leave ......... .......... ............. .. ............................................................................ .. ..... 19 7.5 Maternity Leave ..... ........... ................................................................. ......................... ....... 20 7.6 Parental/ Adoption Leave .................................................... ...... ......................................... 21 7.7 Return from Maternity/Parental/Adoption Leave ............... .... .............................. .. .... ....... 22 7 .8 Court Leove ................ ... ..................................................................................................... 23 7.9 Leave Without Pay .................... .. ....................................... .. .............................................. 23 7.10 Employee Funded Leave .................................................................... ................... ..... ........ 23

8. Benefits ..... ................................ ...... .. ...... ........... ............ ................... ...... .... ... ........ ........ ..... ........... 24

9. Compensation 9. I Rate of Pay, Qualifications & Grade Placement.. ...................... .... .... .. ................. ...... ....... 25 9.2 Modifiers ..... ............ ................................. . u . ........................ .... .. . . ....... . ....... . . . ..... . .. .. . . ........ 27 9.3 Overload for lnstl"Ul;tors ............... ................................................. ........................ ............. 29 9.4 Overtime for Non Instructional Faculty ........................................ .. ..................... .... .......... 30 9.5 Salary Schedules ...... .. .......... .. ......................................... ..................... .. ... .... .... ..... ............ 30

10. Professional Development ........................ .......... ...... ..... .. ......... ......... ................. ... ........ ........ ...... 30

11. Resolution of Differences I 1.1 Definition of Grievance ........ .......................................................................... .. ...... .. ......... 30 11.2 Grievance Settlement .... .......... ........................................ ..... .. ................... .. .... .. ................. 31 11.3 Proposnl to Mediate ...... ... ............... .. .......................... .. .. ................................................... 31 I 1.4 Grievance Arbitration Board ..................... .... .... .... ... ........ ..................... ..... ........................ 32 11.5 Time Limits ......... .............................................. .... ............... .. ... ......................................... 32 I 1.6 Variance from Grievance Procedure ................. .... ............................................................. 33 11.7 Association Grievance ...... .. ............. ................ .................................................................. 33 11.8 Employer Grievance ....................................................... ......... .. ...... .................. ...... ...... .... 33

12. Negotiation Procedures ... .......................................... ...... ............................... .................... ......... 34

13. Copyright .... ... ....... ..... .............. ............. ..... ..................... ........ ............... .... .......................... ..... .... 35

14. Protective Clothing ........... .................... ............ ...... ............... .. ... ....... .......... ............... ........ .... ..... 35

15. Term of Agrccmcnt ...... ..... ........ .... ..... ............ ......... .... ....... ............................... ..... ..... ......... .... .. .. 36

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Letter of Understanding- Non Instructional Faculty Annual Vacatlon ......................................... 38 Letter of Understanding - Employment Insurance Rcdudion ........................................................ 39

Schedule "A" ......................................................................................................................................... 40 Schedule '"B" .. ........................................................................................................................................ 41 Signature Block ..................................................................................................................................... 42

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DEFINITIONS

1.1 Employer Shall refer to the Board of Govemors of Portage College or its designated representative(s) as applicable.

1.2 College Shall refer to the Board of Governors of Portage College or its designated representative(s) as applicable.

1.3 Association Shall mean the Portage College Faculty Association or its designated representative(s) as applicable.

1.4 President Sha11 mean the Chief Executive Officer of Portage College.

l.S Ad (Post-Secondary Learning) Refers to the Post-Secondary Leaming Act, with amendments as revised.

l.6 Employee "Employee" means an Academic st11ff member employed by the College pursuant to

the Post-Secondary Leaming Act. For the purposes of this agreement, designated categories of employees arc:

Instructional Faculty which will include all Instructors and Program Coordinators Non Instructional F acuity which will include: Educational Counsellors,

Curriculum Designers, Learning Facilitators, Leaming Assislllnt Centre Supervisors, Athletic Directors, Educational Counsellor Supervisors

The College will consult with the Joint Consultative Committee regarding any additions and/or ch11nges to the designation of categories and individual employees. Exception occurs when an individual is employed to work in externally funded, one­time funded, cost recovery or contract-funded programs unless the hours form all or part of an Employee's assigned workload.

1.7 Employee Status

1. 7 .1 Continuous "Continuous" employee means a Faculty member whose appointment is ongoing from year to year.

1.7.2 Term "Te!lil" employee means a Faculty member who is appointed for a specific period of time. The Employer agrees to review all term employees and ndvise the Association of their employment status by June 15.

1.7.3 Part Time "Part Time., means a continuous or tenn employee who has a work schedule of at least fifty per cent (50%} of a full time position.

l.7.4 Casual "Casual" means a person who is employed pursuant to Clause I . 5 above, and who does not fall into one of the above-defined categories.

1.8 College Guidelines The Faculty Association and the Employer agree that notwithstanding the references in this agreement to the Portage College Guidelines and Procedures, those Guidelines and Procedures are subject to neither negotiation nor grievance by the Association or its members. Review, alteration, or issues arising out of the application of the College Guidelines and Procedures referred to in this agreement shall be the subject of consultation through the Joint Consultation Committee prior to implementation.

1.9 'Workday "Workday" means any day on which a Faculty member is nonnally expected to be at his place of work.

LIO Gender A word used in the masculine gender applies also in the feminine.

1.11 Use of Singular and Plurals A word used in the singular may also apply in the plural.

1.12 Consultation and Consult "Consultation., or "consult" means an opportunity for both sides to be heard and to state factors that guide a decision.

1.13 Year "Year" means 365 days except in a leap year when year means 366 days.

1.14 Salary Base Salary is detennined by grid placement and any applicable modifiers. The base

salary and modifiers are used to detennine pensionable salary of an employee.

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2. MANAGEMENT AND FACULTY ASSOCIATION RECOGNITION

2.1 Management Rights Subject only to the tenns of this agreement, all functions, rights, powers a nd authority of Management are retained by the Employer.

2.2 Faculty Association Rights The College recognizes the Faculty Association as the exclusive bargnining agent for all Faculty Association members covered by this agreement. The parties agree that there shall be no discrimination or coercion exercised or practiced with respect to any Faculty Association member for re,ason of membership or legitimate activity in the Faculty Association.

2.2.1 The College will provide the Faculty Association reasonable access to college communication systems for Faculty Association business.

2.2.2 The College will deduct dues as directed by the Faculty Association. These dues shall be turned over to the Faculty Association within two (2) weeks of being deducted.

2.2.3 The College will not unreasonably deny nccess to its premises for meetings o f the Faculty Association.

2.2.4 The College and Faculty Association will provide each other with current lists of representatives.

2.3 Time Off for Faculty Association Business

2.3.l The Faculty Association shall be allowed to buy such service time as it deems necessary.

2.3.2 The Association member will request for all time off in writing, through the applicable Dean or Manager. The College will approve such time off and scheduling accommodations will be made provided the Associntion gives appropriate notice of the intended absence and that the member's duties not be unduly disrupted.

2.3.3 T he President of the Faculty Association or his dcsignce shall advise the College President or h is dcsignce, in writing, of the names of the specific members who will represent the Association for the purposes specified in Clause 2.3. I above.

2.3.4 To facilitate the administration of this Clause, the Employer will grant the leave of absence with pay and invoice the Association for the member's snlary and applicable allowance in one half ( 1/2) day increments which the Association will promptly pay.

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2.3.5 In the case of scheduled release time for the President of the Faculty Association or an alternate designated by the Faculty Association, the purchase of release time shall be calculated on the basis of every I% of release time multiplied by the Employee's annual salary.

2.4 The Joint Consultation Committee

The Joint Consultation Committee shall meet to consider matters arising from the implementation of this collective agreement. The Joint Consultation Committee shall be comprised of equal representation of the Faculty Association and Management (up to three (3) members appointed by the President and up to three (3) members appointed by the Faculty Association}, to a maximum of six (6) committee members, and shall be co-chaired on an alternating basis by one (1) Management and one (1) Faculty Association member. Members appointed by the Faculty Association must be Faculty members or employed by the F acuity Association.

3. TERMS OF EMPLOYMENT

3.1 Application

3.1.1 This agreement applies to an Employee employed as 11 full time or part time continuous, term or casual Faculty Employee pursuant to the Post-Secondary Leaming Act; however, where applicable, shall be applied on a pro-rata basis for an Employee who works part time:

a) appointed to a continuous position; and b} appointed to a term position, except as specified in Clause 8.5; ond c) hired for casual employment, except that the following shall not

apply: i) Clause 3.4 Resignation, Re-assigrunent and Redundancy ii) Article 6 Vacation and Holiday Leave iii) Article 7 Leaves iv) Article 8 Benefits v} Article I 1 In the case of termination of employment

d} A casual employee shall have access to Article I I if dismissed for disciplinary reasons and then only up to Article I I, Level 2 of the grievance procedure.

3.1.2 This agreement will not apply to Management Employees, Employees represented by AUPE, Excluded Employees, students or p1!1sons employed under special or cost shared programs.

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J.1.3 Notwithstanding Clause 3.1. l c), an Employee hired for casual employment shall in lieu of receiving:

a) paid holidays pursuant to Clause 6.1, Holiday Leave be allowed, in addition to his regular wage earnings, pay at 5.2% of his regular wage earnings, and for working on a paid holiday, pay at time and one-half ( 1/2) his regular hourly rate for all hours worked up to the equivalent of full nonnal daily hours and double time thereafter; nnd

b) annual vacation leave pursunnt to Clause 6.3 be allowed in addition to his regular wage eam.ings, pay at 6% of his regular wage earnings.

3.2 Probationary Status

3.2.l On initial appointment, nil Employees shall be required 10 complete a probationary period of two (2) years. During this time period, employees must complete instructional skills training as directed by Portage College. Probation may be extended by the College at its sole discretion to allow for completion of the skills training.

3.2.2 An Employee who has previous employment with the College, shall have such previous employment considered part of the probationary period providing the two positions arc comparable and providing the employment was within the previous three (3) years.

3.2.3 This Article applies to tenn and continuous Employees.

3.2.4 During the Employee's probationary period, the College may tenninate an unsatisfactory Employee's employment by written notice, and the Employee shall not have recourse beyond Level 2 of the grievance process as per Article 11.

3.3 Discipline/Suspension/Dismissal

3.3.l Notice of Dismissal, Suspension or Discipline When an Employee is dismissed, suspended, or disciplined, such Employee and the Association shall be advised in writing by the Employer of the reasons for such action.

3.3.2 An Employee may be dismissed for just cause without notice.

3.3.3 An Employee shall have access to his personal file during normal business hours and an Employee of the Hwnan Resources staff wilt be present during the examination of the personal file.

3.3.4 Upon the request of an Employee, written reprimands or other letters of a disciplinary nature more thnn twenty-four (24) months old may be removed

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from the personal file, provided that the file does not contain any further record of disciplinary action during that twenty-four (24) month period.

3.4 Resignation, Re-Assignment, and Redundancy

3.4.1 Resignation

3.4.1.1 An Employee who is a member of the Faculty Association is required to provide the Employer with six (6) weeks prior written notice of resignation if he wishes to resign in good standing. Holiday and vacation time will not be used in calculating the notice period. This requirement may be waived by mutual agreement between the Employee and the President. (See College Guideline E.1.08).

For each full calendar week that the written notice period falls short of six (6) working weeks, the Employee may be required to forfeit one day's pay.

3.4.l.2 a) An Employee may offer to resign and receive a separation package where fiscal restraint, curriculum changes, insufficient enrolments or significant program changes occur.

b) When offering to resign and receive 11 separation package, an Employee will make 11 business case, in writing, to the President. The President may give approval, and his decision is final and binding.

3.4.2 Re-assignment

3.4.2.1 a) Where fiscal restraint, curriculum changes, insufficient enrolments or significant program changes occur, an employee may be reassigned by the Employer. b) The Employer will provide notice to the Faculty Association prior to announcing a reassignment.

3.4.2.? a) Should re-assignment become necessary, every effort and consideration shall be made to re-assign duties within the Employee's qualifications and capabilities or severance pay under clause 3.4.3.3 will be offered by the Employer. Where an Employee declines a reassignment other than under clause 3.4.2.2 (d), the Employee will be ineligible for severance pay.

b} In the case of re-assignment from the position of initial appointment, the Vice President shall provide notice to the Employee in writing not less than ten (JO) workdays prior to the effective date.

c) In the case of re-assignment to a position at a location more than 100 kilometres from the previous location, the Employee shall be offered relocation assistance. (See College Guideline E.1.07).

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d) (n the event of an employer initiated reassignment beyond I 00 kilometers from the position of initial nppointment under clause 3.4.2.2.(a), severance pay will be made available to the Employee as an alternative.

e) In the event that a reassignment is necessary due to discipline, pursuant to Clause 3.3, Articles 3.4.2.2 (c) and (d) will not apply.

3.4.3 Redundancy

3.4.3. I a)No Employee shall be declared redundant from the position of initial appointment unless as a consequence of fiscal restraint, curriculum change, insufficient enrolment, or course or program changes.

b) The Employer will provide notice to the Faculty Association prior to announcing a redundancy.

3.4.3.2 (a} Where an Employee's position is identified by the Employer for redundancy, nnd no resignation under clause 3.4.1 occurs or no reassignment under clause 3.4.2 occurs, loss of employment will result for the affected Employee. The Employee shall be provided with forty ( 40) workdays notice or pay in lieu of notice, or a combination of notice and pay in lieu.

b) Statutory holidays nnd vacation nre not to be used in the calculation of the notice period.

c) When a redundancy is declared the College will consider alternative proposals such as, but not limited to job sharing, transfer, LWOP or professional development of the employee. Proposals must be sul>mitted to the College within 10 calendar days of announcing the redundancy.

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3.4.3.3 Severance pay for Continuous Employees will be calculated according to the following schedule:

Completed Years of Severance Pay for Continuous Uninterrupted Employees - Months of Pay at Employment Current Regular Rate of Pay

2 3.5 3 4 4 4.5 5 5 6 5.5 7 6 8 7 9 8 10 9 11 JO 12 or greater 11

3.5 Acting Incumbency

3.5.1 An acting incumbent role exists when an Employee is designated by the Employer to perform the principal duties of a higher level position for a period of up to one ( 1 ) year, during which time he may also be required to perform some of his regular duties. If the period of acting incumbency is at least five (S) consecutive days, the Employee shall be eligible for acting incumbency pay for the total period of acting incumbency, including the five (5) day qualifying period. Acting provisions shall not apply where an Employee is assigned only limited additional duties.

3.S.2 When an Employee qualifies in an acting incumbency role as Program Coordinator or Educational Counsellor Coordinator, he shall receive the applicable modifier(s), pro-rated for the length of the acting incumbency.

Where an Employee qualifies in an acting incumbency role, other than in the Instructor or Non Instructional Faculty, he shall receive a minimum of five percent {5%) of his current salary in addition to his regular salary, or, subject to approval of the Employer, he may receive the minimum salary that would be applicable if he were promoted to the higher level.

3.5.3 Acting incumbency pay shall normally be paid as a monthly allowance, but where acting incumbency is for a period less than two {2) complete calendar months, it will be paid as a lump sum in the month following the acting incumbency.

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3.5.4 An acting incwnbency may be further extended for a period not to exceed one {I) year, but such extension shall be the subject of consultation between the Employer and the Faculty Association.

3.6 Travel and Subsistence

3.6.1 Employees who incur travel and subsistence expenses in the perfonnance of authorized College business shall be reimbursed for those expenses in accordance with the College Travel and Subsistence Guideline.

3.6.Z The Employer agrees to consult with the Faculty Association prior to the alteration of travel and subsistence rates contained in the College Travel and Subsistence Guideline.

3.6.3 Travel time beyond the normal 7.25 hour workday is paid at overtime rates.

3.7 Travel Time

3.7.l Travel beyond the normal 7.25 hour workday is paid at overtime rates, or the equivalent taken as Time Off in Lieu (TOIL).

3.7.2 Faculty are expected to plan their work so as to minimiie travel overtime.

4. \VORKLOAD 4.1 lnstrudors

The parties recognize the College's responsibility to determine work assignments. Faculty members' responsibilities will vary in accordance with the program of the faculty member's appointment. Faculty members' responsibilities may include any or all of the following:

a) Teaching and Teaching Related Responsibilities: Instruction, course preparation and outlines, office hours, student consultation, program meetings, grade reports, student appeals, curriculum review and program quality assurance.

b) Service Responsibilities: Program and institutional planning, committee membership, faculty evaluation, convocation and student recruitment.

c) Professional Responsibilities: Professional and personal development, maintaining professional competencies relative to licensing and certification.

J) Program I Course Development and/or Research Responsibilities:

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The responsibilities of a faculty may from time to time include cuniculwn development and/or applied research.

4.1.1 \VorkJoad assignments

[tis agreed that various programs of instruction differ in the nature of the instructional assigrunents. I! is neither practical nor equitable to expect instructors in different programs to have the same number of instructional contact hours. To accommodate workload differences between programs and allow flexibility within a given program, program benchmarks have been established for different categories of programs offered. The College, using the appropriate program workload benchmark, shall detennine the specific instructor's instructional hours. An Employee's instructional workload is determined by the Dean in consultation with the Program Coordinator, Employee or Employees as a group and within the department where one exists.

Workload assignments take into consideration but are not limited to:

a) The requirements of the College b) The requirements of the academic program, lab supervision, lab teaching

and practicum supervision. c) The amount of course preparation time, exam supervision, unsupervised

student periods, marking, examinations. d) The class size and historical instructional hours. e) Special Assignments (refer Article 4. I .3)

In instances where the College anticipates significant change to an Employee's workload, the College will notify the Employee by June 30th.

4.1.2 Program Benchmarks

~rogram Benchmark Hours

!1,CE 725 !Qker 725 ausiness 540 ~arpentry 725 :sw 540 2ulinary Arts 725 :A/EL CC 500 >rectrical 725 ~MR 625 l'MT 625 •ood Processing Technician 650* Heavy Equipment Operator 725 Heavy Equipment Technician 725

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ostltutional Cook 725 ~ative Arts and Culture 500 ~atural Resource Technologist 650* >aramedic 625 >ENG 650 >ractical Nurse 625 'team fitter I Pipe fitter 725 Jniversity Studies 540 ..Velding 725 *Benchmarks will be reviewed at the end of the 2015/2016 academic year at JCC.

Where a faculty member's instructional hours a.re below the established beochmark, the Dean may assign additional duties.

4.1.3 Release Time

The Dean may, in consultation with the faculty member and his/her pro,b'T"llm coordinator modify the instructional assignment to accommodate duties including, but not limited to; curriculum development, applied rescaroh, travel time away from assigned worksite.

4.1.4 Instructors shall maintain a presence ot a place of work designated by the College, when not on vacation or nttending an approved professional development activity. Instructors will post designated office hours. The instructor shnll have the hours approved by the coordinator and dean as designated by the College. Instructors shall nonnally be expected to attend convocation and are encouraged to attend special events celebrating the achievements of students.

Work days, when an Employee does not have an instructional assignment and exclusive of vacation, shall be used for course and curriculum improvement, oourse development, progrnm review, divisional meetings, and College committee work, as approved by the Dean.

Instructional staff shall be expected to participate in training related to new teclmologics prior to the start of the academic year as designated by the College.

4.1.5 Instructional workload for Program Coordinators may be reduced by the College to compensnte for the increased administrative activities of the Coordinator. The instructional workload reduction for Program Coordinntors is detennined by the Dean, in consultation with the member, based on numbers of students in a program area, number of staff supervised, and the level of administrative and program responsibility.

4.1.6 a) Faculty Employees, who are assigned instructional overload beyond the program benclunarks as outlined in clause 4.1 .2, shall be compensated under clause 9.3. I for instructional classroom time only, re<:ognizing the assigned overload also includes preparation, marking, student consultation, and appropriate administration of course materials, grades and records.

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b) Instructors assigned additional non-instructional workload will be paid at a rate of one and one half (I ~) times the Employee's hourly rate (overtime} under clause 9.5. I for hours authorized by the Employer.

4.1.7 Where there is no established program benchmark during the academic term a tentative program benchmark will be determined by the Employer in consultation with JCC prior to the program's commencement. The program benchmark will be reviewed upon completion of the academic year. A final program benchmark will then be established in consultation between the Employer and the Association, at the Joint Consultation Committee (JCC).

4.1.8 a} Where an instructor has an assignment that requires the use of new technologies with which the instructor is unfamiliar, the College, as detennined by the Dean in consultation with the Program Coordinator and the Employee or Employees as a group, and where one exists, within the department, will provide the instructor with the necessary release time and professional development activities so that the instructor can acquire the necessary skills and knowledge.

b) \Vhere the College is using multiple modes of delivery, an Instructor's workload will be determined by the Dean in consultation with the Program Coordinator, Employee or Employees as a group, and within the department, where one exists.

4.1.9 An instructor's daily teaching schedule shall not exceed more than 7.25 hours in a continuous period, except by mutual consent of the employer and employee.

4.2 Non-Instructional Faculty

4.2.1 The parties recognize the College's responsibility to determine work assignments for Non-Instructional Faculty. For Non-Instructional Faculty employees as described in Article 1.6, assignments will be made through consultation between the assigned mnnager or coordinator and the member within the department.

4.2.2 The assigned workload for Non-Instructional Faculty shall not exceed an average of thirty six point two five (36.25) hours per week or the equivalent on a monthly, quarterly or aru1ual basis. Non-Instructional Faculty required to work above the monthly, quarterly or annual basis will be compensated as per Article 9.4.1.

4.3 \VorkJoad Review

4.3.1 If a disagreement arises over the assignment of workload, a request for review shall be filed within ten (10) working days of the time at which the Employee is made aware of the workload assignment or subsequent change.

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4.3.2 Such review will be made by an ad hoc Workload Review Committee, comprised of the Vice President - Academic or his designate, a Program Dean and a member named by the Faculty Association.

4.3.3 The decision of this committee shall be delivered no later than five (5) working days after the notice of appeal was filed.

4.3.4 The decision of this committee is final and binding on the Faculty member, the Association and the College.

S. PERFORMANCE APPRAISALS

S. I The Employer and the Association recognize that the evaluation of employee pcrfonnance is the responsibility of the Employer. 'With respect to perfonnance evaluation, College Guidelines shall apply. (See College Guidelines E.3.01 and E3.02

6. VACATION AND HOLIDAY LEA VE

6.1 Holiday Leave

6.1.1 Faculty members arc entitled to one day's paid leave for each of the following holidays: Civic Holiday Good Friday Victoria Day Canada Dny Family Day Labour Day Thanksgiving Day Easter Monday Remembrance Day Christmas Leave (8 days)

6.J.2 When a dny designated as a holiday under Clause 6. I falls during a Faculty member's work week, and he is not required to work, he shill! be granted holiday leave on that day.

6.1.3 When a day designated as 11 holiday under Clause 6.1 falls on a Faculty member's regularly scheduled day of rest, and he is not required to work, he shall be granted holiday leave on the day observed as the holiday.

6.1.4 Where a Faculty member is required to work on the day observed as the holiday, he shall receive equivalent time off in lieu on a straight time basis, in addition to his regular sellary.

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6.1.5 Time off in lieu granted under Clause 6.1.4 shall be scheduled at a time mutually agreeable to the Faculty member and the Employer within the next three (3) months. Once scheduled, the alternate time off shall not be rescheduled except by mutual agreement of the Faculty member and the College.

6.1.6 Requests for leave without pay on religious holidays will be considered, provided adequate notice of the request is given.

6.1.7 Authorized travel on College business on 11 paid holiday shall be considered working hours and the Faculty member shall be compensated in accordance with Clause 6. I .4.

6.1.8 When a day designate<! as a holiday under Clause 6.1 falls during a period of leave, the rate of pay applicable to the holiday shall be the same as that for the remainder of the leave period.

6.2 \Vinter Break/Spring Break

6.2.1 Subject to operationnl requirements, Faculty members shall be grante<I a period of at least fourteen (14) consecutive calendar days including December 24 to January I as Winter Break without loss of regular salary. This fourteen (14) day Winter Break shall be made up oft\vo (2) days of the Faculty member's vacation entitlement, or earned time off in lieu, and the eight {8} days of paid Winter Leave for that year. As of July I, 2015, this fourteen (14) day Winier Break shall be made up of (IO} days of paid Winter leave for that year.

6.2.2. a) Faculty members shall receive a Spring Break of five (5) consecutive days leave with pay each calendar year during the period between February I and April 30 of the same year. This five (5) days of leave shall be made up of one (I) day of the F acuity member's vacation or holiday entitlement for that year, with the balance of four (4) days to be provided by the Employer. The Spring Break for the College will be established one year in advance in consultation with the Joint Consultation Committee.

b) Faculty members who are required to work during the designate<! spring break will be given equivalent leave when outlined in a mutually agree<! upon work plan between the Dean and the Academic staff member, prior to the commencement of the break. The leave shall nonnally be taken during Academic staff member's non-instructional time.

6.2.3 The scheduling of Winier Break and Spring Break shall be detennined by the Employer.

6.2.4 Annual vacation leave entitlement shall not be reduced by the taking of \Vinter Break or a Spring Break except as noted in Clauses 6.2.1 and 6.2.2.

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6.3 Annual Vacation Leave

6.3.1 All vacation requests must be submitted to the appropriate Dean or Manager for approval 1111d will be approved subject to operational requirements, Such entitlement shall normally be taken during the summer months unless the Faculty member and the College mutually agree to alternate times.

6.3.2 Once vacations are authorized they shall not be changed, other than in cases of emergency, except by mutual ngreement.

6.3.3 a) Upon tennination a Faculty member in a continuous position shall be paid cash in lieu of vacation earned but not taken, at a rate based on Clause 6.3.6 as follows : i) that vacation will be paid out at the daily straight time rate,

except, Faculty members who resign in accordance with Clause 3.4.1, and do not use vacation earned to extend their employment, will be paid out these unused vacation days at a rate of one point two {I .2) times the daily straight time rate.

b) Upon tennination, a F acuity member in a tenn position shall be paid cash in lieu of vacation earned but not taken, at a rate based on Clause 6.3.6.

6.3.4 \Vhere a Faculty member is allowed to take any leave of absence, other than sick leave, in conjunction with a period of vacation leave, the vacation leave shall be deemed to precede the additional leave of absence, except in the case of maternity leave which may be authorized before or after vacation leave.

6.3.5 When a day designated as a paid or unpaid holiday under Article 6 falls within a period of vacation leave, it shall be counted as the holiday and not as a day of vacation.

6.3.6 a)Subject to Clause 6.3. 7 Instructional Faculty members earn vacation le11ve credit in the amount of three and one half(3 Y:) days for each month of service in which their actual basic pay is at least one half (112) of their base monthly pay.

b)Subject to Clause 6.3.7 Non Instructional Faculty members e.arn vacation leave credit in the amount of2.08 days per month of service in which their actual basic pay is at least one half(J /2) of their base pay. Aflereight (8) years of continuous service, the entitlement will increase to 2.50 days for each month of service in which their actual pay is at least one half{l /2) of their base monthly pay.

Service for this purpose includes paid leave but not unpaid leave, funded leave of absence, nor vacation leave from which a Faculty member chooses not to return to work.

6.3.7 Vacation leave shall be allowed to accumulate for use at any time in accordance with the general provisions of this section, to a limit of fifty (50)

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days. \Vhen an employee has fifty (50) days of vacation leave credit, one of the following steps must take place:

a) In consultation with the employee, the Employer will establish a plan to use the surplus days in excess of 42 vacation days; or

b) Receive a cash payout for all or a portion of the surplus days in excess of the 42 day vacation limit as approved by the Employer; or

c) a combinntion of a) and b) above.

6.3.8 A Faculty member shall earn Annual Vacation Leave pursuant lo Article 6.3.6 during the following:

a) the first forty four (44) consecutive work days of illness le.ave or absence during Workers' Compensation Supplement; or

b) any other leave of absence with or without pay for the first twenty two (22) work days.

7. LEAVES

7.1 Casual Illness "Cnsunl Illness" means an illness which causes 1111 Employee to be absent from duty for a period of three (3) consecutive work days or less.

7.1.1 lf an Employee is ill at work or requires time off for the purposes of attending a dental, physiotherapy, optical, medical or such other appointment, provided he has been given prior authorization by the Employer and he works one (I} hour in a half day that he is absent for those purposes, such absence shall neither be charged against his casual illness entitlement, nor shall a deduction in pay be made for the time lost in the half day in which he became ill or attended the appointment.

7.1.2 An Employee shall be eligible for a maximum often {JO) work days of casual illness leave with pay in each calendar year (pro-rated in the first year of employment). Each day or portion of 11 day of casunl illness used within 11 year shall be deducted from the remaining casual leave entitlement for that calendar year.

7.1.3 This Clause is subject to Clause 7.3.

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7.2 General Illness "General Illness·' means an illness which causes an Employee to be absent from duty for a period of more than three (3) consecutive work days but shall not exceed:

a} eighty (80) consecutive work days; or b) where the Employer approves part time absences and part time use of

General Illness Leave, the eighty (80) days of leave will be converted to the equivalent number of hours and administered accordingly.

7.2.1 General Illness Leave shall be in addition to any Casual Illness Leave entitlements specified in Clause 7.1.1.

7.2.2 Provided the Employee is not then absent from work due to illness, pursuant to Clause 7. 1 .2, the Employee at the commencement of each year of employment shall be entitled to General Illness Leave at the specified rates of pay in accordance with the following Sub-Clauses, and the application of such General lllness Leave shall be set out in accordance with the following:

Completed years of General illness leave General illness leave uninterrupted service at full salary at70%

salarv

0 year * 70 days I year IS days 65 days 2 yenrs 25 days 55 days 3 years 35 days 45 days 4 years 45 days 35 days 5 years 60davs 20 davs

*During the first month of employment, the first ten (I 0) days of general illness leave shall be without pay. After completion of one month's salaried service, an Emolovee shall have ten (10) da""- credit at full salarv.

7.2.3 a)

b)

Subject to Sub-Clause b ), an Employee upon return to active work after a period of general illness of less than eighty (80) consecutive work days will hnve: i) illness leave entitlements reinstated pursuant to Clause 7.2

when the member returns to work in the next year of employment; or

ii) any illness leave days used for which nonnal salary was paid at the rate of I 00% or 70% reinstated for future use at the rate of 70% of nom1al salary, within the same year of employment.

Such reinstatement shall only occur where an Employee has not taken any General Illness Leave for the same or related illness during the first ten (10) consecutive work days following the date of return to active work.

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7.2.4 For purposes of this Clause, the maximwn period of continuous absence recognized shall be eighty (80) consecutive work days. Absences due to illness or disability in excess of that period shall be subject to Clause 8.1.

7.2.S An Employee is not eligible to receive sick leave benefits under this Article if; a) the absence is due to an injury from employment of any other

employer that qualifies for Worker's Compensation benefits; or b) the absence is due to an intentional self-inflicted injury.

7.2.6 When a day designated as Holiday Leave under Clause 6. I .1 falls within a period of general illness it shall be counted as a day(s) of general illness and under no circumstances shall an Employee receive any additional entitlement in respect of that day.

7.2.7 Casual illness entitlements earned but not taken by an Employee during the two (2) previous annual casual illness leave entitlements may be utilized in lieu of up to twenty (20) days of general illness which would otherwise be taken at seventy percent (70%) salary according to the schedule in Clause 7.2.2.

This Clause is subject to Clause 7.3.

7.3 Proof of lUness

7.3.l To obtain illness leave benefits as described in Clauses 7. I and 7.2 the Employer may require that an Employee provide a proper medical certificate or other proof ofillness satisfactory to the College. The Employer may also require the Employee to provide satisfactory proof of attendance at a medical, dental, physiotherapy, optical, or such other appointment when time off from work is granted lo attend such appointments. Where an Employee is required, pursuant to this Clause, to provide 11 medical certificate or proof of attendance at an appointment, he shall be advised prior to his return to work.

7.3.2 To obtain illness leave benefits as described in Clauses 7.1 and 7.2 the Employee is required to provide a proper medical certificate or other proof of illness se1tisfactory to the College.

7.3.3 The Employer may require that an Employee undergo a medical examination or a medical interview and when such examination or interview is for purposes other than meeting the requirements of Clauses 7. 1 and 7.2 the examination or interview shall be at the Employer's expense and on the Employer's time.

7.3.4 Where an Employee has been examined pursuant to Clause 7 .3. 3 and is e1lso applying for Long Temt Disability benefits, a copy of the medical report she11l be considered as part of the Employee's application.

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7.3.5 The Parties agree thnt Casual and General Illness benefits as provided in Clauses 7.1 nod 7.2 are intended only for the purpose of protecting an Employee from loss of income when the member is ill.

7 .4 Special Leave

7 .4.1 An Employee who requires time off from work may be granted specinl leove without loss of pay upon approval by a Dean or Manager at the work place. Speciol lenve will not exceed ten (I 0) working days per calendar year (pro­rated in the first year of employment).

The circumstances under which special leave may be approved are listed below and are subject to Clause 7 .4.2:

a) illness within the inunediate family; b) bereavement; c) travel time for illness within the immediate family or bereavement; d) administration of estate; e) moving household effects; t) disaster conditions; g) write examination(s) for course(s) opproved by the Employer; h) ottend funerals as pnll-benrer or moumer, for persons not listed in

Sub-Clause 7.4.2b); i} be present al birth or adoption proceedings of the Employee's child; j} attend formal hearing to become Canadian Cith:en. k) wellness day (one day)

7.4.2 For purposes of determining eligibility for Special Leave under Clause 7.4. 1, the following provisions shall guide the eligibility decisions:

a) an Employee who requires time off work shall be granted leave without loss of pay if there is an illness in his immediate fam ily. Immediate family means spouse (including common-law spouse), son, daughter, mother, father, guardian, parent-in-law, grandparent, grandchild, brother, sister, or the husband or wife of any of them or an individual who is a dependant of the Employee. The leave of absence shall not include taking the person to a medical, dental, optical, or other such appointment, unless there is no other family member available lo take the person to an appointment;

b) bereavement - leave of absence will be granted in the event of the death of the Employee's spouse (including common-law spouse}, or any of the following relations of an Employee or spouse (including common-law spouse): parents, guardian, parent-in-law, grandparent, grandchild, son, daughter, brother, sister, or the husband or wife of any of them;

c) travel time for illness within the immediate family or for bereavement shall mean for travel where long distances or travel from isolated areas are involved;

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d) administration of estate shall apply only when an Employee has been designated as an executor or administrator of the estate;

e) moving of household furniture and effects shall apply to an Employee who maintains a self-contained household and who changes his place of residence which necessitates the moving of his household furniture and effects during his nonnal working hours and if he has not already qualified for such special leave within the preceding twelve {12) months. In the event an Employee's normal place of employment is moved outside the municipal area, the nonnal moving allowance shall apply;

f) disaster conditions shall apply for a critical condition which requires an Employee's personal attention in a disaster (eg: flood, fire, tornado} which cannot be served by others or attended to by the Employee at a time when he is nonnally off duty;

g) mourner - leave of absence will be granted where operational requirements pem1it subject to the approval of the Employer.

h) One day will be allowed for a wellness day. This special leave day requires prior approval from the employer.

7.4.3 Two weeks notice maybe required for leave requested under Clause 7.4.1, Sub-Clauses d), e), h).

7.5 Maternity Leave

7.5.1 Entitlement

a) A pregnant Employee who has been employed for at least 52 consecutive weeks is entitled to maternity leave without pay.

b) The maternity leave to which a pregnant Employee is entitled is a period of not more than 15 weeks starting at any time during the 12 weeks immediately before the estimated date of delivery.

c) An Employee may qualify for Supplemental Employment lnsurance Benefits (S.E.l.B.} covering the period she has provided medical evidence from her physician, which satisfies the College she is unable to do her job. An Employee must apply and when approved, submit to the College proof of receipt of Employment Insurance maternity benefits in order to be paid the S.E.I.B. payments. Such proof must be provided to Human Resources no later than twelve (I 2) weeks after the commencement of maternity leave or the S.E.l.B. will be forfeited. Leave then taken under this S.E.l.B. plan shall be considered to be part of the maternity leave without pay. An Employee who is eligible for S.E.I.B. plan shall not be eligible for illness leave benefits pursuant to Article 7.

d) The College shall not deny the pregnant Employee the right to continue employment during the period of pregnancy unless her ability to perform

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her assigned work is limited by the pregnancy. The College may require medical documentation verifying that there are no health related issues that prevent continu<ld employment. The College shall pay the cost of such documentation.

7 5 .2 Commencement of Maternity Leave

a) Maternity leo.ve shall commence at a time requested by the Employee, within twelve (12) weeks of the estimated delivery date, but no later than the date of birth of the child. Written application must be made at least six (6} weeks prior to the beginning of the leave indico.ting the date the Employee intends to begin leave and the date she intends to resume employment. If requested by the Employer, the pregnant Employee must provide a medical certificate certifying that she is pregnant and giving the estimated date of delivery.

b) If during the twelve (12) weeks immediately before the estimated do.le of delivery the pregnancy of an Employee interferes with the perfonnance of her duties, the College may give the Employee written notice requiring her to start maternity leave.

7 .6 P11rent11U Adoption Leave

7 .6.1 Entitlement

a) An Employee is entitled to parental leave as follows:

i} in the case of an Employee entitled to maternity leave, a period of not more than 37 consecutive weeks of unpaid leave immediately following the last day of maternity leave;

ii) in the case of a parent who has been employed by the College for at least 52 consecutive weeks, a period of not more lhan 3 7 consecutive weeks of unpaid leave within 52 weeks after the child's birth;

iii) in the case of an adoptive parent who has been employed by the College for at least 52 consecutive weeks, a period of not more than 37 consecutive weeks of unpaid lenve within 52 weeks after the child is placed with the adoptive parent for the purpose of adoption.

If Employees described under this Clause are parents of the same child, the parental leave may be laken wholly by one of the Employees, or be shared by the Employees. The College is not required to grant parental leave to two Employees at a time, if the two Employees are parents of the same child.

7.6.2 Commencement of ParcntalfAdoption Leave

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a) An Employee must give the Employer at least six (6) weeks written notice of the date the Employee will start parental leave unless: i) the medical condition of the birth mother or child make it

impossible to comply with this requirement; ii) the date of the child's placement with the adoptive parent is

not foreseeable. b) If the Employee cannot comply with the written notice requirement

for any of the reasons stated under (i) or (ii) above, the Employee must give the College written not.ice at the earliest possible time of the date the Employee will start or has started parental leave.

c) Written notice under Clause 7.S.211) above is deemed to be notice of parental leave under this Clause unless the notice specifically provides that it is not notice of parental leave, in which case this Clause applies.

d) Employees who intend to share parental leave must advise the College of their intention to share parental leave.

e} Employees must stay in contact with the College during their leaves and must immediately infonn the Human Resources office of any change of address.

f) An Employee, who at the commencement of a maternity leave is participating in the College Benefits Plans, shall be eligible for benefits as any other Employee absent on sick leave during the health-related portion ofa maternity leave. During the remainder of the leave, participation in the benefits plans shall be subject to the provisions of Clause 7.9.3.

7.7 Return From Maternity/ParcntaUAdoption Leave

7.7.1 An Employee on maternity leave must take a period of leave of at least six (6) weeks immediately following the date of delivery, unless the Employee and the College agree to shorten the period by the Employee ghing the College a medical certificate indicating that resumption of work will not endanger her health.

7.7.2 The Employee must provide the College at least six (6) weeks \vritten notice of the date on which the Employee intends to return to work and in any event not later than six ( 6) weeks before the end of the leave period to which the Employee is entitled or six (6) weeks before the date on which the Employee has specified as the end of the Employee's leave period, whichever is earlier. An Employee must reswne work on the date specified in the written notice and if the Employee fails to return to work on that date, the Employee is not entitled to resume work subsequently unless the failure to return to work resulted from unforeseeable or unpreventable circumstances.

7.7.3 If an Employee fails to provide al least six (6) weeks notice before the end of the leave period to which the Employee is entitled, the Employee may not resume work unless the failure to provide the notice resulted from unforeseeable or unpreventable circumstances.

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7.7.4 An Employee who is entitled to resume work shall be returned to her fonner position or placed in another comparable position with the College at no less than the comparable salary that had accrued to her at the commencement of leave.

7.8 Court Leave

7.8.l When an Employee is summoned or subpoenaed as a witness or a defendant to appear in court in his official capacity to give evidence or to produce college records, or is ~uired to serve as a juror under the Jury Act, he shall be allowed leave with pay.

7.8.2 When an Employee is subpoenaed as a witness in his private capacity:

a) at a location within the Province of Alberta, he shall be allowed leave with pay;

b) at a location outside the Province of Alberta, he may be allowed leave with pay if authorized by the Employer.

7.9 Leave \Vithout Pay

7.9.1 An Employee may request a leave of absence without pay for up to two (2) years. To be considered, the request must normally be submitted at least six (6) weeks in advance of the anticipated date of commencement of the leave. Where operational requirements pennit and upon approval of the Employer, the leave without pay shall be granted.

7.9.2 Requests for leave without pay on religious holidays will be considered, provided adequate notice of the request is given.

7.9.3 An Employee who at the commencement of 11 Leave Without Pay is participating in College Benefits Plans may continue to be covered under these plans for one (I) year while on a Leave Without Pay and the Employer and member premium contributions shall continue.

7.10 Employee Funded Leave

7.10. t Subject to the approval of the College, an Employee may participate in a deferred salary plan. The College shall administer the plan in accordance with the Employee Funded Leave Guideline E. 7. I.

7 .10.2 The provisions of the collective agreement shall not apply during deferred salary leave, except that the Employee may choose to continue the benefit plans that are applicable, subject to the contract between the College and the carrier of such benefits.

7.10.3 An Employee granted a deferred salary leave shall obtain an equivalent position on his return.

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8. BENEFlTS

8.1 Continuous and tenn Employees as outlined in Clause 8.5 shall participate in the College Benefits Plans. Benefit coverage and eligibility conditions will be according to the conditions of the insurance policies and plan conditions. Part time Employees must have a nonnal work schedule of at least fifty (50%) of an equivalent full time position to be eligible to participate. Casual Employees are not eligible to participate.

8.2 All benefit plans specified in this Article shall be in accordance with the terms and conditions contained in the policy of insurance of which the College is the policy holder. The College shall have the right to change the insurance carriers and/or plans provided comparable benefits are maintained. The terms of the policies of insurance and plan conditions shall not be considered as incorporated in the collective agreement by reference or by necessary intendment. Differences respecting any matters related to the administration and application of the benefit plans therefore are not subject to the griev1111ce, mediation 1111d mbitration provisions of this agreement. The Association shall be provided with a copy of these conditions upon request.

8.3 The benefits as referred to in the College Benefit Plans shall be Core Exlended Health Care, Core Dental, Extended Health Care and Dental Opt Out and Opt Do\vn credits, Basic Life Insurance, Accidental Death and Dismemberment, and Long Term Disability. Further, the College agrees to maintain the existing overall cost sharing of 62% (College) and 38% (Employees) based on the total cost of all core benefits, including the Health Spending account, divided by the total number of all College Employees covered by the plans.

8.4 The College will provide, through the Benefits Consultant, a cost analysis of the Benefits plans on an annual basis prior to any changes being made to rates or deductions. Any changes to Carrier contracts will be discussed with the Employees or their representatives lo address any issues raised. The Human Resources Manager and/or College will provide updates on the Plans through the Joint Consultation Committee on any issues affecting Employees.

8.5 Employees appointed to tcnn positions who have fewer than ten (I 0) months of uninterrupted service shall be entitled to the following benefits:

i) Accidental Death and Dismemberment insurance for death or injury occurring while on Employer business; and a) Effective the first day of the month following the signing

of the Collective Agreement by both parties, cash in lieu of other benefits as outlined in Clause 8.3 in the amount of one hundred dollars ($100) for any month in which the actual basic pay is at least one half(l /2) of the normal basic pay.

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8.S.2 Tenn Employees will be eligible for benefits as outlined in Clauses 8.1, 8.2, 8.3, and 8.4 on the first d11y of the month following completion of the ten (10) months of uninterrupted service.

9. COMPENSATION

9.1 Rates of Pay, Qualifications and Procedure for Grade Placement

9 .1.1 Employees shall be paid for work performed at rates of pay as specified in the . appropriate salary schedule.

9.1.2 When an employee commences Human Resources will determine the employee's applicable education level and experience for placement on the salary grid. Human Resources assigns the salary in consultation with the Dean/Manager. Teaching experience is counted Ill; non-teaching but program related experience is counted 2/1.

9.1.3 When the employee commences employment, the employee is responsible for providing all necessary transcripts, documentation and hours of credit for industrial or technical courses, 1md clnrification of qualifications taken.

9.1.4 Increments will be granted on the employee's commencement anniversary date.

9.1.S a) Grade Placement

Grade uA''

Grade "C"

Grade"D"'

Grade "E'"

Grade'T'

Grade '"G"

Grade "H''

less than one year of post-se.:ondary preparation

a one-year college certificate or its equivalent

a lwo year oollege diploma. or a Journeyman cenificate (based on an apprenticeship of3 years or more) a nursing diploma a Third Class Power Engineering Ccrtificalc

a three year degree from a Canadian universily (or its equivalent}, or an applied degree. two Journeyman certificates, or Second Class Power Engineering Certificate

a four year degree from a Canadian university (or its equivalent), or Registered Nurse designation, or a First Class Power Engineering Certificate. or Welding Examiner/Inspector

a four year degree from a Canadian university (or its equivalcnl) plus one additional year of postgradualc training, or 500 lechnological hows

a Masters degree

earned Doctrate

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b) Equivalencies

An employee can move to higher pay grades up to Grade F, without a degree if he/she has a combination of courses or training and the education/training is related to his/her field of instruction. This means that in addition to the above preparation levels, industrial or technical courses of a credit nature will be considered on the basis of 500 hours being the equivalent to one year of preparation. For the course(s) to be considered, the employee must provide documentation to substantiate that objective evaluation standards were met within the course(s).

Employee's are only eligible for Grade's G and H if they have a completed Master's or Doctorate.

Employees with university degrees after a certificatefdiploma wi!l not have their diploma and university courses counted twice where the university has given advanced standing based on the certificatefdiploma.

Credit will not be given for recertification

9.1.6 On Change In Educational Level a) When an employee is not at the F level and completes enough education to qualify

for movement to the next education level of the grid, hefshe must submit the necessary proof of completion of courses to the Human Resources Manager for evaluation.

b) Any increase in salary as a result of the completion of education will be effective the first month ofter Human Resources receives complete infonnation on the courses completed.

c) Adjustments will not be retroactive unless there are extenuating circumstances and nre approved by the Human Resources Mannger in consultation with the appropriate Vice President. Any retroactivity will be limited to six (6) months.

9.1.7 Review Procedure for Grade and Step Placement

a} An employee may appeal the evaluation of qualifications by Portage College Human Resources through n request in writing to the Human Resources Manager that 11 Qualifications Review Committee be established.

b) The Qualifications Review Committee will consist of the Human Resources Manager or designate and one ( 1} member appointed by the Association. W'here the two committee appointees are unable to reach a mutual agreement on an employee's qualifications, the College Vice President - Academic or designote will serve as a third committee member in order to facilitate a decision.

c) The Qualifications Review Committee will be convened provided the case: (i) is not n presentntion of new information not yet considered by Human

Resources,

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(ii) is not a second or subsequent attempt to have an ev11lu11tion under the same unchanged principles reviewed

d) The employee may make a presentation to this Review Committee in person and may be accompanied by a member of the Faculty Association.

e) After considering the documentation and infunnation presented by or on behalf of the employee and the College, the Qualifications Review Committee shall within the terms of Article 9 .1.6 and 9.1. 7, make a decision on the case with respect to the evaluation. If such decision results in a preparation grade level change, the effective date of such change will be the first of the month following the receipt of the documentation. No retroactive grid movement will occur.

f) The decision of the Qualifications Review Committee is final and binding on the employee, the Faculty Association and the College.

9.1.8 Review, alteration or issues arising out of the application of this article shall be subject to only Level 2 of the grievance procedure as described in Article 11. A decision given at Level 2 shall be final and binding on the Employee, the College and all affected parties.

9.2 Modifiers

Employees shall be paid the appropriate modifier as authorized by the Vice President - Academic or his designee. All modifiers are reviewed annually and are subject to review by the Vice Pre~ident - Academic or his designee as an Employee's circumstance changes.

9.2.l "A" Modifier a) It is recognized that all instructors have some degree of administrative

responsibility that is part of their workload.

This modifier recognizes the extra responsibility or program/non· instructional support services challenges that a few staff may have ei ther on an ongoing or temporary basis. The employer will review the workloads of instructional staff eoch year. Modifiers will be based on the previous ocademic year.

An employee must be deemed lo have an administrative overload.

b) The modifier may be added where staff meets one or more of the following criteria: -Employees working 111 a single instructor site whose duties will include College administrative responsibilities; -Working with contracted instruction or services, and/or being administratively responsible for a large number of employees or contracted instruction ·Student numbers in a program area are well above the nonn, as measured by past and projected student FLEs for base credit programs and by headcount for ad hoc programmmg; -Entrepreneurial activities that are ongoing throughout a year ond will be responsible for budget forecasting and expenditures

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-Where a staff member is assigned a consultative and leadership role in an innovative or developmental program area, or in an nssigned special project.

c) An employee who is designaled to receive the administrative overload shall receive an administrative stipend.

Effective July I, 2014, an employee designated by the Employer to receive the "A" Modifier will receive the amount of$214.00 monthly.

Effective July I, 2015, an employee designated by the Employer to receive the"A" Modifier will receive the amount of$219.00 monthly.

9.2.2 "C'" Coordinator's Modifier

a) To be designated to have a "C" modifier, an employee will have a designated assignment as a Coordinator. Responsibilities of which may include the following criteria: -Administrative/Program/Departmental leadership of a program area, which will include monitoring and updating contracts, budget preparation, expenditure control, invenlory and resource administration, establishing goals and directions for the program in consultation with the Dean/Vice President Academic or designate, work with advisory committees, government and regulatory agencies, program review and curriculum development.

-Human resource management duties including hiring new staff, performance management and significant input to developing the program timetable and to assigning workload within a program area.

-Student management within the department, including recruitment, admission and selection, coachingfcounselling, discipline, reporting and records, and studenl planning and orgnnization.

b) An employee who is designaled an Instructional Coordinator will receive up to a maximum of75% release time to perform the Coordinator's duties as designated by Dean/Vice President Academic or designate

c) An employee who is designated to receive the C Modifiers shall receive a coordinator stipend. The C modifier will have two (2) levels to the stipend. Non instructional faculty will receive a Level I stipend and Instructional Faculty will be awarded to a Level 2 stipend.

Non Instructional Faculty Effective July I, 2014, an employee designated by the Employer to receive the Level I "C" Modifier will receive the amount of$327.00 monthly.

Effective July l, 2015 An employee designated by the Employer to receive the Level 2 "C" Modifier will receive the amount of$334.00 monthly.

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Instructional Faculty Effective July I, 2014, an employee designated by the Employer to receive the Level

2 "C" Modifier will receive the amount of$656.00 monthly.

Effective July I, 2015 An employee designated by the Employer to receive the Level 2 "C" Modifier will receive the amount of$671.00 monthly.

9.2.3 "Z" Modifier To be designated to receive the Z modifier, the majority of an employee's work assignment must be in a community such as a Melis Settlement or a First Nation where the employee would not normally be allowed to set up his/her local residence. The designation to receive this modifier will be reviewed when the employee's work location changes or the employee's eligibility to maintain local residence changes.

An employee who is designated to receive the "Z" Modifier shall receive a salary stipend.

Effective July I, 2013, an employee designated by the Employer to receive the "Z" Modifier will receive the amount of$210.00 monthly.

Effective July I, 2014, an employee designated by the Employer to receive the "Z" Modifier will receive the amount of$214.00 monthly.

Effective July 1, 201 S, an employee designated by the Employer to receive the ''Z" Modifier will receive the amount of$219.00 monthly.

9.3 Overload for Instructors

9.3.1 Compensation for assigned instructional overload will be detennined on an hourly basis using the following grid:

Effective July I, 2014

Instructor Grid Placement Hourly Rate

Pay Grid "H" $104. 00/ instructional classroom hour

Pay grid "G" $I 04.00/ instructional classroom hour

Pay grid "F $I 00.00/ instructional classroom hour

Pay grid "E" $93.00 I instructional classroom hour

Pay grid "B", "C", or "0" $89.00 I instructional classroom hour

Pay grid "A" $78.00 I instructional classroom hour

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Effective July 1, 2015

[nstructor Grid Placement Hourly Rate

Pay Grid "H" $106.00/ instructional classroom hour

Pay grid "G" $106.00/ instructional classroom hour

Pay grid "F $I 02.00/ instructional classroom hour

Pay grid "E" $95.00 I instructional classroom hour

Pay grid "B'', "C", or "D0 $91.00 I instructional classroom hour

Pay grid "A" $80.00 I instructional classroom hour

9.4 Overtime for Non Instructional Faculty

9.4.l Non-Instructional Faculty shall receive overtime compensation at the rate of one and one half (I \!,) times for all authorized hours worked in excess of balanced workload as per Article 4.2. Non- Instructional Faculty will choose compensation as either TOIL or the members' hourly rate of pay as approved by the Employer.

9.S Salary Schedules

9.5.1 The salary schedule outlined in Schedule "A", shall apply and remain effective July I, 2014 nnd remnin in effect until June 30, 20 I 5.

The salary schedule outlined in Schedule "B", shall apply and remain effective July I, 201 Sand remain in effect until June 30, 2016.

10. PROFESSIONAL DEVELOPMENT

10.1 The College and the Faculty Association recognize the ongoing professional responsibility of individunl members to keep themselves current in their various specializations and disciplines. The College shall provide opportunities and financing to enhance the members' efforts to keep current in their fields and in technological advances generic to the instructional process. With respect to Faculty Professional Development, the College guidelines, Faculty Professional Development, shall apply. (See College Guideline E.4.02).

11. RESOLUTION OF DIFFERENCES

I t.t Definition of Grievance

t 1.1.t A grievance shall be defined as any difference arising out of the interpretation, application, administration, or violation of the agreement by either party.

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11. l .2 A complaint alleging sex.uni harassment, unjust treatment, discrimination, or unfair working conditions. may be presented as n grievance directly to Level 2. A decision given at Level 2 shall be final and binding on the Employee, the College, and all affected parties.

11.1.JA grievance concerning the dismissal or termination of employment or a grievance concerning n written reprimand of an Employee who is serving a probationary period may be subject to the Grievll!lce Procedure except thnt the decision shall be final and binding at Level 2 on the member, the College, and all affected parties.

11.2 A grievance shall be settled in the following manner:

11.2.1 The Employee shall first seek to settle the dispute through discussion with the immediate supervisor if appropriate. A Faculty Association representative may be present if the Employee requests.

11.2.2 Levell If the dispute is not satisfactorily resolved under Clause 1 J.2.1, the Faculty Association, on behalf of the Employee, may submit the grievance which must be in writing to the applicable Dean or Manager. The grievance must be submitted within fourteen (14} calendar days of the date upon which thesubjcct of the grievance occurred or of the time when the Employee first reasonably became aware that a grievance allegedly occurred.

The Dean or Manager shall meet with the Faculty Association representative and Employee to discuss and review the grievance lllld submit n written reply to the Employee within twenty one (21} calendar days of the submission of the grievance.

11.2.3 Level 2 If the grievance is not satisfactorily settled at Level I, the Faculty Association, on behalf of the member, may submit the grievance to the President or his designee within fourteen ( 14) calendar days of the receipt of the reply at Level I.

The President or his designee shall submit a written reply to the Employee within twenty one (21} calendar days of the submission of the grievance at Level 2 in the case of an individual grievance, and within twenty one (21} calendar days in the case of a policy or Association grievance.

11.3 Proposal to Mediate

11.3.1 Either party, after the completion of Level 2, may suggest to the other that a grievance filed under the collective agreement be referred to mediation. The party to whom the suggestion is made is free to accept or reject the suggestion

11.3.2 Grievances will only be referred to medi11tion if both parties so agree.

11.3.3 The parties agree to share equally the fees and expenses of the Mediator unless the parties and the Mediator otherwise agree.

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11.3.4 The Mediator's recommended settlement will not set a precedent.

11.3.S If mediation does not resolve a grievance, either party is free to start proceedings or to continue proceedings to resolve the grievance.

11.4 Grievance Arbitration Board

11.4.l If the grievance is not satisfactorily settled at Level 2, the grievance may be referred by the Association to a Grievance Arbitration Board. The grievance must be referred within twenty one (21) calendar days of the reply at Level 2.

11.4.2 A Grievance Arbitration Board shall consist of one (I) member appointed by the Association and one (I) member appointed by the Board of Governors plus a chairperson, or if both parties mutually agree, 11 single arbitrator may be appointed.

11.4.3 The Association and the Employer shall each appoint representatives to a Grievance Arbitration Board. Upon the appointment of the two (2) representatives, they shall within fourteen (14) calendar days appoint a chairperson.

11.4.4 If the two (2) representatives fail to agree on a chairperson, either or both may request the Chair of the Lnbour Relations Board to appoint a chairperson.

11.4.5 The Grievance Arbitration Board shall hear the grievance and issue an award in writing and the award is final and binding upon the Employee, the College, and all affected parties.

11.4.6 The decision of the majority of the Grievance Arbitration Board is the award of the Grievance Arbitration Board. If there is no majority, the decision of the Chairperson shall be deemed to be the award.

11.4. 7 Each party shall bear the cost/fees of its respective representative and the two (2) parties shall equally share the expenses of the Chairperson.

11.S Time Limits

11.S.1 If the Employee fails to process the grievance within the time limits specified, the grievance shall be deemed to have been abandoned.

11.5.2 rfthe Employer fails to process the grievance within the time limits specified, the grievance shall move to the next applicable level.

11.5.3 The time limits may be extended by mutual agreement in writing.

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11.6 Variance from Grievance Procedure

Grievances arising from demotion, suspension or dismissal may be initially heard at Level 2. A policy grievance by either party shall commence at Level 2.

J t .7 Association Grievance

11.7.l The Association shall have the right to file a grievance other than an Employee grievance as envisioned as per Clause 11.1.

11.7.2 The Association shall first seek to settle the dispute through discussion with the applicable Dean or Manager. If the d ispute is not satisfactorily resolved, such grievance shall be submitted in writing by the Association President or his designee at Level 2 in the Grievnnce Procedure within twenty one (21) calendar days following the alleged occurrence or origination of circumstances giving rise to the grievance.

11.8 Employer Grievance

11.8.1 The Employer shall have the right to file 11 grievance with respect to the interpretation, application, administration or alleged contravention of the agreement. Such grievance shall be presented in writing signed by the President or his dcsigncc, to the Association President within fourteen ( 14) calendar days following the occurrence or origination of the circumstances giving rise to the grievance.

11.8.2 A meeting of the President or his designee plus 11 nominee and the Association President plus a nominee shall be held within fourteen ( 14) calendar days of the presentation of the grievance. Failing settlement at this meeting, the Association shall within fourteen (I 4) calendar days give the Employer its written reply to the grievance. Such grievance may be referred to an Arbitration Board within fourteen (14) calendar days of the date the Employer received the Association's reply.

11.9 No Arbitrator, Arbitration Board or other body shall, by its award, alter or amend the terms of this agreement.

11.IO The Faculty Association representatives shall be granted time off to meet with Employees in investigating a grievance. The applicable Dean or Manager must approve the granting of time off to investigate the grievnnce. Such approval shall not be unreasonably denied. Approved time off for Faculty Association representatives shall be without loss of regular earnings.

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12. NEGOTIATION PROCEDURES

t 2.1 When either the Faculty Association or the Employer wishes to commence collective bargaining for the revision or renewal of this contract, such party shall give written notice of its intention to the other party not earlier than one hundred eighty ( 180) calendar days and not later than sixty ( 60) calendar days prior to the end of the contract as per Article I 4.1.

Each party will, within thirty {30) calendar days following the notice of intent, then provide the other party with a written submission identifying the Articles and Clauses and the related interests to be discussed or negotiated during bargaining.

Within thirty (30) calendar days after exchanging the above noted submissions, the parties agree to commence bargaining.

12.2 After the notification of a desire to commence collective bargaining for revision or renewal of this contract the F acuity Association and the College Board or their representatives shall meet together from time to time, bnrgaining in good faith, and shall attempt to agree upon the tenns of a new collective contract.

If the Faculty Association and the College Board or their representatives are unable to agree upon the tenns ofa new collective contract after one hundred fifty (ISO) days from the initial written notice of intention to commence collective bargaining, either party may at any time thereafter, advise the other party of its desire to go to arbitration.

12.3 Each party shall appoint one {I) member 115 its representative on the Arbitration Board within seven (7) days of such notice and shall so inform the other parties. The lwo {2) members so appointed shall within seven (7) days of appointment, select a mutually accepled third person who shall be a chairperson.

If within the required time:

a) the recipient of a notice fails to appoint a person as a member of an Arbitration; or

b) the two (2) appointees fail to agree on a Chairperson of the Arbitration Board, either or both parties may request the Chair of the Labour Relations Board to appoint a person as a member and/or the Chairperson as the case may be.

12.4 The Arbitration Board shall henr and determine the differences and shall issue an award in writing and the award is final and binding upon member, the College, and all affected parties. If there is no majority the decision of the Chairperson shall be deemed to be the award.

12.S Each party shall bear the costs/fees of its respective appointee to the Arbitration Board and the two (2) parties shall equally bear the expenses of the Chairperson.

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12.6 When the represenlatives of the Parties reach agreement on nil items for negotiation,

i) the Association's representatives shall present and recommend the proposed agreement to the membership of the Association, which shnll ratify or reject the agreement;

ii) The Employer's representatives shall present and recommend the proposed agreement to the Board of Governors, which shall ratify or reject the agreement.

The fonnal ratification of both Parties shall be sought without undue delay after the Parties' representatives have signified their acceptance of the proposed agreement.

Where a settlement has been reached and ratified by the Parties, or an arbitration award has been made, the Parties shall incorporate into a collective agreement the following:

i) the arbitral nward of the Arbitration Board (if applicable); and ii) such other matters as have been agreed by the representatives of the

Parties; and iii) those matters covered by this agreement for which no changes were

proposed.

12.7 All amendments mutually agreed upon during the tenn of the agreement shall be added to the collective ngreement as letters of understanding which will clarify original Article(s).

12.8 Any time limits set oul in this Article are calendar days and may be e)(tended by mutual agreement of the parties concerned.

13. COPYRIGHT

13.1 With respect to copyright, the Portage College Guidelines B.4.02 shall apply.

14. PROTECTIVE CLOTHING

14.1 Protective clothing and safely equipment shall be provided in Accordance with the Occupational Health and Safety Act.

14.2 \Vhere the Employer detennines that safety footwear should be provided, the Employer shall pay to each such eligible Employee upon production of receipt of such footwear up to a maximum of one hundred and twenty dollars ($120.00) once every two years.

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14.3 'Where the Employer determines that prescription safety eyewear is necessary, the Employer shall pay to each such eligible Employee upon production of receipt the cost of such prescription safety eyewear up to a maximum of three hundred dollars ($300.00) once every two years.

IS. TERM OF AGREEMENT

15.l This Agreement shall be effective ftom the date of signing by the Parties until June 30, 2016 and shall remain in effect thereafter until a replacement agreement is established.

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Letter of Understanding Non Instruclioo11l Annual Vacation Leave

This letter of understanding applies to Faculty Association members employed by the College prior to June 30, 2011.

Faculty Association Members employed in Non Instructional Faculty roles prior to June 30,2011 shall retain their vacation days as outlined in Article 6.3.6 a.

Faculty Association Members employed prior to June 30, 2011 who change from Instructional to non Instructional roles shall retain their vacation days as outlined in Article 6.3.6 a.

Dated this 2-I day of <.Ji.. l )j , 2015.

Wilncss Chair: Board of Governors

Witness

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LETIER OF UNDERSTANDING Employment lnsurnncc Reduction

EMPLOYMENT INSURANC£ PREMIUM REDUCTION OR REBATE

The Employer shall pay to the Faculty Association the full amount of any premium reduction or rebate allowable on Employment Insurance which is granted as a result of the benefits covering Employees wider this Collective Agreement. This payment will be made by March 30"' of each year governing this Collective Agreement. Should this program end, the College will not be obligated lo continue payment to the Faculty Association.

Dated this 27 day or c.Jt-ilfj , 2015.

Chair, Board of Governors

Witness

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SCHEDULE A JOLY 1, 2014 (36.25 Hours/Week)

(1892 Hours{Year)

2% Increase

A B c [) E F G H

1 47,688 54,216 54,396 54;480 56,868 60,024 64,536 67,992 3,974 4,518 4,533 4,541) 4,739 5,002 5,378 S,666 25.21 28.66 28.75 28.79 30.06 31.73 34.11 35.94

2 50,172 56,964 57,156 57,288 60,024 63,480 67,992 71,436 4,181 4.747 4,763 4,774 S,002 5,290 5,666 5,953 26.52 30.11 30.21 30.28 3!.73 33.55 35.94 37.76

3 52,56') 59,736 59,964 60,216 63,204 66,672 71.172 74.628 4,380 4,978 4,997 5,018 5,267 S,556 5,931 6,219 27.78 31.57 31.69 31.83 33.41 35.24 37.62 39.44

4 55,140 62,328 62,736 63,108 66,312 70,14() 74,652 78,096 4,595 5,194 5,228 5,259 5,526 5,845 6,221 6,508 29.14 32.94 33.16 33.36 35.05 37.07 39.46 41.28

s 57,612 65,040 65,556 66,048 69,432 73,488 78,000 81,456 4.801 5,420 S,463 5,504 5,786 6,124 6,500 6,788 30.45 34.38 34.65 3UI 36.70 38.84 41.23 43.05

6 60,132 67,728 68,316 68,916 72,636 76.848 81,360 84,804 S,011 5,644 5,693 5,743 6,053 6,404 6,780 7,067

31.78 35.80 36.11 36.42 38.39 40.62 43.00 44.82

7 62,592 70,3'14 11,088 11,784 75,720 80,232 84,744 88,188 5,216 S,852 5,924 5,982 6,310 6,686 7,062 7,349 33.0S 37.18 37.57 37.94 40.02 42.41 44.79 46.61

8 65,112 73,104 73,908 74,688 78,960 83,604 88,116 91,56') 5,426 6,092 6,159 6,224 6,580 6,967 7,343 7,630 34.41 38.64 39.06 39.48 41.73 44.19 46.57 48.39

9 67,668 75,708 76,632 77,568 82.032 86,868 91,368 94~824

5,639 6,309 6,386 6,464 6,836 7,239 7,614 7,902 35.77 40.0l 40.50 41.00 43.36 45.91 48.29 50.12

10 70,200 78,276 79,392 80,424 85,176 90,216 94,728 98,184 5,850 6,523 6,616 6,702 7,098 7,51S 7,894 8,182 37.10 41.37 41.96 42.51 45.02 47.68 50.07 51.89

11 72,636 81,012 82,176 83.220 88,104 93,396 97,908 101,364 6,053 6,751 6,848 6,935 7,342 7,783 8.159 8,447 38.39 42.82 43.43 43.99 46.57 49.36 Sl.75 S3.S8

12 74,628 83,232 84,432 85,512 90,516 95.964 100,476 103,932 6,219 6,936 7,036 7,126 7,543 7,997 8,373 8,661

3!1.44 43.99 44.63 45.20 47.84 S0.?2 53.11 54.93

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SCHEDULE 8 JULY 1, 2015 (36.25 Hours/Wed<)

(1!192 HOl.IS(Year)

2.25% Increase

A B c 0 E F G H

48,756 55,440 S5,620 55,704 SS,152 61,380 65,988 69,516 4,063 4,620 4,635 4,642 4,846 5,115 5,499 5,793 25.77 29.30 29.40 29.44 30.74 32.44 34.88 36.?4

2 51,300 58,248 58,440 58,572 61,380 64,908 69,516 73,044

4,275 4,SS4 4,870 4,SSl 5.115 5,409 S,793 6,087

27.11 30.79 30.89 30.96 32.44 34.31 36.74 38.61

3 53,748 61,080 61,308 61,572 64,632 68,172 n,168 76,308

4.479 5,090 5,109 5,131 5,386 5,681 6,064 6,359

28.41 32.28 32.40 32.S'I 34.16 36.03 38.46 40.33

4 56,376 63,732 64,152 64,524 67,800 71,724 76,332 79,848

4,698 5,311 S,346 S,3n S,650 5,977 6,361 6,654

29.80 33.68 33.91 34.10 35.84 37.91 40.34 42,20

5 58,908 66,504 67,032 67,536 70,992 75,144 79,752 83,292 4,909 S,542 5,586 5,628 S,916 6,262 6,646 6,941

31.14 35.15 35.43 35.70 37.52 39.72 42.15 44.02

6 61,488 69,252 69,852 70,464 74,268 78,576 83,196 86,712 5,124 5,771 5,821 S,872 6,189 6,548 6,933 7,226 32.50 36.60 36.92 37.24 39.25 41.53 43.97 45.83

7 63,996 71,928 72,684 73,404 77,424 82,032 86,652 90,168 5,333 5,994 6,057 6,117 6.452 6,836 7,221 7,514

33.82 38.02 38.42 38.BO 40.92 43.36 45.80 47.66

8 66,576 74,748 75,576 76.368 80,736 85,488 90,096 93,624

S,548 6,U9 6,298 6,364 6,72!1 7,124 7,508 7,802

35.19 39.51 39.95 40.36 42.67 45.18 47.62 49.48

9 69,192 77,412 78,360 79,308 83,880 88,824 93,420 96,960 5,766 6,451 6,530 6,609 6,990 7,402 7,785 8,080 36.57 40.92 41.42 41.92 44.33 46.95 4938 51.25

10 71,784 80,040 81,180 82,236 87,096 92,244 96,864 100,392 S,982 6,670 6,765 6,853 7,258 7,687 8,072 8,366

37.94 42.30 42!31 43.47 46.03 48.75 Sl.20 53.06

11 74,268 82,836 84,024 85,092 90,084 95,496 100,116 103,644 6,189 6,903 7~002 7,091 7,507 7,958 8,343 8,637

39.25 43.78 44,41 44.97 47.61 50.47 52.92 54.78

12 76,308 95,104 86,328 87,432 92,556 98,124 102,732 106,U2 6,359 7,092 7,194 7,286 7,713 9,177 8,561 8,856 40.33 44.98 45.63 46.21 48.92 Sl.86 54.30 56.17

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,--:-

Dated this Z1 day of d '-'-L1 ' 2015.

(

Witness

? o60'-For the Facully Association

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